steve? >>reporter: the aclu says this is done without warrants and without enough oversight or accountability. the surveillance in question records things about phone calls, not the actual content and the aclu questions the necessity. >> this isn't about terrorism. these are regular law enforcement investigations and this is investigating people's communications. these are would they talk to, who they e-mail, who they engage in online connections with, friends, family, colleagues and loved ones. >>reporter: 2009 twine and 2011 the numbers of orders for surveillance on telephones went up 60 percent. during the same period ordered for surveillance of e-mail and network data increased 361 percent. in the past, the device had to be attached to the phone to get this data but now it can be done by a phone company's call routing equipment. the aclu has done it without a judge considering the merits of each case. the justice department fired back saying in every instance cited a federal judge author